[113th Congress Public Law 187]
[From the U.S. Government Publishing Office]
[[Page 128 STAT. 2003]]
Public Law 113-187
113th Congress
An Act
To amend chapter 22 of title 44, United States Code, popularly known as
the Presidential Records Act, to establish procedures for the
consideration of claims of constitutionally based privilege against
disclosure of Presidential records, and for other purposes. <<NOTE: Nov.
26, 2014 - [H.R. 1233]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Presidential and
Federal Records Act Amendments of 2014.>>
SECTION 1. <<NOTE: 44 USC 101 note.>> SHORT TITLE; TABLE OF
CONTENTS.
(a) Short Title.--This Act may be cited as the ``Presidential and
Federal Records Act Amendments of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Presidential records.
Sec. 3. National Archives and Records Administration.
Sec. 4. Records management by Federal agencies.
Sec. 5. Disposal of records.
Sec. 6. Procedures to prevent unauthorized removal of classified records
from National Archives.
Sec. 7. Repeal of provisions related to the National Study Commission on
Records and Documents of Federal Officials.
Sec. 8. Pronoun amendments.
Sec. 9. Records management by the Archivist.
Sec. 10. Disclosure requirement for official business conducted using
non-official electronic messaging account.
SEC. 2. PRESIDENTIAL RECORDS.
(a) Procedures for Consideration of Claims of Constitutionally Based
Privilege Against Disclosure.--
(1) Amendment.--Chapter 22 of title 44, United States Code,
is amended by adding at the end the following:
``Sec. 2208. <<NOTE: Determinations. Public
information. Notifications. Time periods. 44 USC
2208.>> Claims of constitutionally based
privilege against disclosure
``(a)(1) When the Archivist determines under this chapter to make
available to the public any Presidential record that has not previously
been made available to the public, the Archivist shall--
``(A) promptly provide notice of such determination to--
``(i) the former President during whose term of
office the record was created; and
``(ii) the incumbent President; and
``(B) make the notice available to the public.
``(2) The notice under paragraph (1)--
``(A) shall be in writing; and
``(B) <<NOTE: Regulations.>> shall include such information
as may be prescribed in regulations issued by the Archivist.
[[Page 128 STAT. 2004]]
``(3)(A) Upon the expiration of the 60-day period (excepting
Saturdays, Sundays, and legal public holidays) beginning on the date the
Archivist provides notice under paragraph (1)(A), the Archivist shall
make available to the public the Presidential record covered by the
notice, except any record (or reasonably segregable part of a record)
with respect to which the Archivist receives from a former President or
the incumbent President notification of a claim of constitutionally
based privilege against disclosure under subsection (b).
``(B) <<NOTE: Extension.>> A former President or the incumbent
President may extend the period under subparagraph (A) once for not more
than 30 additional days (excepting Saturdays, Sundays, and legal public
holidays) by filing with the Archivist a statement that such an
extension is necessary to allow an adequate review of the record.
``(C) <<NOTE: Expiration.>> Notwithstanding subparagraphs (A) and
(B), if the 60-day period under subparagraph (A), or any extension of
that period under subparagraph (B), would otherwise expire during the 6-
month period after the incumbent President first takes office, then that
60-day period or extension, respectively, shall expire at the end of
that 6-month period.
``(b)(1) For purposes of this section, the decision to assert any
claim of constitutionally based privilege against disclosure of a
Presidential record (or reasonably segregable part of a record) must be
made personally by a former President or the incumbent President, as
applicable.
``(2) A former President or the incumbent President shall notify the
Archivist, the Committee on Oversight and Government Reform of the House
of Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate of a privilege claim under paragraph
(1) on the same day that the claim is asserted under such paragraph.
``(c)(1) <<NOTE: Consultation.>> If a claim of constitutionally
based privilege against disclosure of a Presidential record (or
reasonably segregable part of a record) is asserted under subsection (b)
by a former President, the Archivist shall consult with the incumbent
President, as soon as practicable during the period specified in
paragraph (2)(A), to determine whether the incumbent President will
uphold the claim asserted by the former President.
``(2)(A) <<NOTE: Deadline.>> Not later than the end of the 30-day
period beginning on the date on which the Archivist receives
notification from a former President of the assertion of a claim of
constitutionally based privilege against disclosure, the Archivist shall
provide notice to the former President and the public of the decision of
the incumbent President under paragraph (1) regarding the claim.
``(B) <<NOTE: Courts.>> If the incumbent President upholds the claim
of privilege asserted by the former President, the Archivist shall not
make the Presidential record (or reasonably segregable part of a record)
subject to the claim publicly available unless--
``(i) the incumbent President withdraws the decision
upholding the claim of privilege asserted by the former
President; or
``(ii) the Archivist is otherwise directed by a final court
order that is not subject to appeal.
``(C) <<NOTE: Courts.>> If the incumbent President determines not to
uphold the claim of privilege asserted by the former President, or fails
to make the determination under paragraph (1) before the end of the
period specified in subparagraph (A), the Archivist shall release
[[Page 128 STAT. 2005]]
the Presidential record subject to the claim at the end of the 90-day
period beginning on the date on which the Archivist received
notification of the claim, unless otherwise directed by a court order in
an action initiated by the former President under section 2204(e) of
this title or by a court order in another action in any Federal court.
``(d) <<NOTE: Courts.>> The Archivist shall not make publicly
available a Presidential record (or reasonably segregable part of a
record) that is subject to a privilege claim asserted by the incumbent
President unless--
``(1) the incumbent President withdraws the privilege claim;
or
``(2) the Archivist is otherwise directed by a final court
order that is not subject to appeal.
``(e) The Archivist shall adjust any otherwise applicable time
period under this section as necessary to comply with the return date of
any congressional subpoena, judicial subpoena, or judicial process.''.
(2) Conforming amendments.--(A) Section 2204(d) of title 44,
United States Code, is amended by inserting ``, except section
2208,'' after ``chapter''.
(B) Section 2205 of title 44, United States Code, is
amended--
(i) in the matter preceding paragraph (1), by
striking ``section 2204'' and inserting ``sections 2204
and 2208 of this title''; and
(ii) in paragraph (2)(A), by striking ``subpena''
and inserting ``subpoena''.
(C) Section 2207 of title 44, United States Code, is amended
in the second sentence by inserting ``, except section 2208,''
after ``chapter''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 22 of title 44, United States
Code, <<NOTE: 44 USC
prec. 2201.>> is amended by adding at the end the following:
``2208. Claims of constitutionally based privilege against
disclosure.''.
(4) <<NOTE: 44 USC 2207 note.>> Rule of construction.--
Nothing in the amendment made by paragraph (2)(C) shall be
construed to--
(A) affect the requirement of section 2207 of title
44, United States Code, that Vice Presidential records
shall be subject to chapter 22 of that title in the same
manner as Presidential records; or
(B) affect any claim of constitutionally based
privilege by a President or former President with
respect to a Vice Presidential record.
(b) Definitions.--Section 2201 of title 44, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``memorandums'' and inserting
``memoranda'';
(B) by striking ``audio, audiovisual'' and inserting
``audio and visual records''; and
(C) by inserting ``, whether in analog, digital, or
any other form'' after ``mechanical recordations''; and
(2) in paragraph (2), by striking ``advise and assist'' and
inserting ``advise or assist''.
[[Page 128 STAT. 2006]]
(c) Management and Custody of Presidential Records.--Section 2203 of
title 44, United States Code, is amended--
(1) in subsection (a), by striking ``maintained'' and
inserting ``preserved and maintained'';
(2) in subsection (b), by striking ``advise and assist'' and
inserting ``advise or assist'';
(3) by redesignating subsection (f) as subsection (g);
(4) by inserting after subsection (e) the following new
subsection:
``(f) During a President's term of office, the Archivist may
maintain and preserve Presidential records on behalf of the President,
including records in digital or electronic form. The President shall
remain exclusively responsible for custody, control, and access to such
Presidential records. The Archivist may not disclose any such records,
except under direction of the President, until the conclusion of a
President's term of office, if a President serves consecutive terms upon
the conclusion of the last term, or such other period provided for under
section 2204 of this title.''; and
(5) in subsection (g)(1), as so redesignated, by striking
``Act'' and inserting ``chapter''.
(d) Restrictions on Access to Presidential Records.--Section 2204 of
title 44, United States Code, is amended by adding at the end the
following new subsection:
``(f) The Archivist shall not make available any original
Presidential records to any individual claiming access to any
Presidential record as a designated representative under section 2205(3)
of this title if that individual has been convicted of a crime relating
to the review, retention, removal, or destruction of records of the
Archives.''.
(e) Disclosure Requirement for Official Business Conducted Using
Non-Official Electronic Messaging Account.--
(1) Amendment.--Chapter 22 of title 44, United States Code,
as amended by subsection (a)(1), is further amended by adding at
the end the following new section:
``Sec. 2209. <<NOTE: 44 USC 2209.>> Disclosure requirement for
official business conducted using non-official
electronic messaging accounts
``(a) In General.--The President, the Vice President, or a covered
employee may not create or send a Presidential or Vice Presidential
record using a non-official electronic message account unless the
President, Vice President, or covered employee--
``(1) copies an official electronic messaging account of the
President, Vice President, or covered employee in the original
creation or transmission of the Presidential record or Vice
Presidential record; or
``(2) <<NOTE: Deadline.>> forwards a complete copy of the
Presidential or Vice Presidential record to an official
electronic messaging account of the President, Vice President,
or covered employee not later than 20 days after the original
creation or transmission of the Presidential or Vice
Presidential record.
``(b) Adverse Actions.--The intentional violation of subsection (a)
by a covered employee (including any rules, regulations, or other
implementing guidelines), as determined by the appropriate supervisor,
shall be a basis for disciplinary action in accordance with subchapter
I, II, or V of chapter 75 of title 5, as the case may be.
[[Page 128 STAT. 2007]]
``(c) Definitions.--In this section:
``(1) Covered employee.--The term `covered employee' means--
``(A) the immediate staff of the President;
``(B) the immediate staff of the Vice President;
``(C) a unit or individual of the Executive Office
of the President whose function is to advise and assist
the President; and
``(D) a unit or individual of the Office of the Vice
President whose function is to advise and assist the
Vice President.
``(2) Electronic messages.--The term `electronic messages'
means electronic mail and other electronic messaging systems
that are used for purposes of communicating between individuals.
``(3) Electronic messaging account.--The term `electronic
messaging account' means any account that sends electronic
messages.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 22 of title 44, United States Code, as
amended by subsection (a)(3), <<NOTE: 44 USC
prec. 2201.>> is further amended by adding at the end the
following new item:
``2209. Disclosure requirement for official business conducted using
non-official electronic messaging accounts.''.
SEC. 3. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.
(a) Acceptance of Records for Historical Preservation.--Section 2107
of title 44, United States Code, is amended to read as follows:
``Sec. 2107. Acceptance of records for historical preservation
``(a) In General.--When it appears to the Archivist to be in the
public interest, the Archivist may--
``(1) accept for deposit with the National Archives of the
United States the records of a Federal agency, the Congress, the
Architect of the Capitol, or the Supreme Court determined by the
Archivist to have sufficient historical or other value to
warrant their continued preservation by the United States
Government;
``(2) <<NOTE: Determination. Deadline. Time
period. Certification.>> direct and effect the transfer of
records of a Federal agency determined by the Archivist to have
sufficient historical or other value to warrant their continued
preservation by the United States Government to the National
Archives of the United States, as soon as practicable, and at a
time mutually agreed upon by the Archivist and the head of that
Federal agency not later than thirty years after such records
were created or received by that agency, unless the head of such
agency has certified in writing to the Archivist that such
records must be retained in the custody of such agency for use
in the conduct of the regular business of the agency;
``(3) direct and effect, with the approval of the head of
the originating Federal agency, or if the existence of the
agency has been terminated, with the approval of the head of
that agency's successor in function, if any, the transfer of
records, deposited or approved for deposit with the National
Archives of the United States to public or educational
institutions or
[[Page 128 STAT. 2008]]
associations; title to the records to remain vested in the
United States unless otherwise authorized by Congress; and
``(4) transfer materials from private sources authorized to
be received by the Archivist by section 2111 of this title.
``(b) Early Transfer of Records.--The Archivist--
``(1) <<NOTE: Consultation. Time period.>> in consultation
with the head of the originating Federal agency, is authorized
to accept a copy of the records described in subsection (a)(2)
that have been in existence for less than thirty years; and
``(2) may not disclose any such records until the expiration
of--
``(A) the thirty-year period described in paragraph
(1);
``(B) any longer period established by the Archivist
by order; or
``(C) any shorter period agreed to by the
originating Federal agency.''.
(b) Material Accepted for Deposit.--Section 2111 of title 44, United
States Code, is amended to read as follows:
``Sec. 2111. Material accepted for deposit
``(a) In General.--When the Archivist considers it to be in the
public interest the Archivist may accept for deposit--
``(1) the papers and other historical materials of a
President or former President of the United States, or other
official or former official of the Government, and other papers
relating to and contemporary with a President or former
President of the United States, subject to restrictions
agreeable to the Archivist as to their use; and
``(2) recorded information (as such term is defined in
section 3301(a)(2) of this title) from private sources that are
appropriate for preservation by the Government as evidence of
its organization, functions, policies, decisions, procedures,
and transactions.
``(b) Exception.--This section shall not apply in the case of any
Presidential records which are subject to the provisions of chapter 22
of this title.''.
(c) Preservation of Audio and Visual Records.--
(1) In general.--Section 2114 of title 44, United States
Code, is amended to read as follows:
``Sec. 2114. Preservation of audio and visual records
``The Archivist may make and preserve audio and visual records,
including motion-picture films, still photographs, and sound recordings,
in analog, digital, or any other form, pertaining to and illustrative of
the historical development of the United States Government and its
activities, and provide for preparing, editing, titling, scoring,
processing, duplicating, reproducing, exhibiting, and releasing for non-
profit educational purposes, motion-picture films, still photographs,
and sound recordings in the Archivist's custody.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 21 of title 44, United States
Code, <<NOTE: 44 USC
prec. 2101.>> is amended by striking the item for section 2114
and inserting the following:
``2114. Preservation of audio and visual records.''.
(d) Legal Status of Reproductions; Official Seal; Fees for Copies
and Reproductions.--Section 2116(a) of title 44,
[[Page 128 STAT. 2009]]
United States Code, is amended by inserting ``digital,'' after
``microphotographic,'', each place it appears.
SEC. 4. RECORDS MANAGEMENT BY FEDERAL AGENCIES.
Section 3106 of title 44, United States Code, is amended to read as
follows:
``Sec. 3106. Unlawful removal, destruction of records
``(a) Federal Agency Notification.--The head of each Federal agency
shall notify the Archivist of any actual, impending, or threatened
unlawful removal, defacing, alteration, corruption, deletion, erasure,
or other destruction of records in the custody of the agency, and with
the assistance of the Archivist shall initiate action through the
Attorney General for the recovery of records the head of the Federal
agency knows or has reason to believe have been unlawfully removed from
that agency, or from another Federal agency whose records have been
transferred to the legal custody of that Federal agency.
``(b) Archivist Notification.--In any case in which the head of a
Federal agency does not initiate an action for such recovery or other
redress within a reasonable period of time after being notified of any
such unlawful action described in subsection (a), or is participating
in, or believed to be participating in any such unlawful action, the
Archivist shall request the Attorney General to initiate such an action,
and shall notify the Congress when such a request has been made.''.
SEC. 5. DISPOSAL OF RECORDS.
(a) Definition of Records.--Section 3301 of title 44, United States
Code, is amended to read as follows:
``Sec. 3301. Definition of records
``(a) Records Defined.--
``(1) In general.--As used in this chapter, the term
`records'--
``(A) includes all recorded information, regardless
of form or characteristics, made or received by a
Federal agency under Federal law or in connection with
the transaction of public business and preserved or
appropriate for preservation by that agency or its
legitimate successor as evidence of the organization,
functions, policies, decisions, procedures, operations,
or other activities of the United States Government or
because of the informational value of data in them; and
``(B) does not include--
``(i) library and museum material made or
acquired and preserved solely for reference or
exhibition purposes; or
``(ii) duplicate copies of records preserved
only for convenience.
``(2) Recorded information defined.--For purposes of
paragraph (1), the term `recorded information' includes all
traditional forms of records, regardless of physical form or
characteristics, including information created, manipulated,
communicated, or stored in digital or electronic form.
``(b) Determination of Definition.--The Archivist's determination
whether recorded information, regardless of whether it
[[Page 128 STAT. 2010]]
exists in physical, digital, or electronic form, is a record as defined
in subsection (a) shall be binding on all Federal agencies.''.
(b) Regulations Covering Lists of Records for Disposal, Procedure
for Disposal, and Standards for Reproduction.--Section 3302(3) of title
44, United States Code, is amended by striking ``photographic or
microphotographic processes'' and inserting ``photographic,
microphotographic, or digital processes''.
(c) Lists and Schedules of Records To Be Submitted to the Archivist
by Head of Each Government Agency.--Section 3303(1) of title 44, United
States Code, is amended by striking ``photographed or
microphotographed'' and inserting ``photographed, microphotographed, or
digitized''.
(d) Examination by Archivist of Lists and Schedules of Records
Lacking Preservation Value; Disposal of Records.--Section 3303a(c) of
title 44, United States Code, is amended by striking ``the Committee on
Rules and Administration of the Senate and the Committee on House
Oversight of the House of Representatives'' and inserting ``the
Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate''.
(e) Photographs or Microphotographs of Records Considered as
Originals; Certified Reproductions Admissible in Evidence.--Section 3312
of title 44, United States Code, is amended--
(1) in the first sentence, by striking ``Photographs or
microphotographs of records'' and inserting ``Photographs,
microphotographs of records, or digitized records''; and
(2) in the second sentence, by striking ``photographs or
microphotographs'' and inserting ``photographs,
microphotographs, or digitized records'', each place it appears.
SEC. 6. <<NOTE: 44 USC 2108 note.>> PROCEDURES TO PREVENT
UNAUTHORIZED REMOVAL OF CLASSIFIED RECORDS
FROM NATIONAL ARCHIVES.
(a) <<NOTE: Deadline.>> Classified Records.--Not later than 90 days
after the date of the enactment of this Act, the Archivist shall
prescribe internal procedures to prevent the unauthorized removal of
classified records from the National Archives and Records Administration
or the destruction or damage of such records, including when such
records are accessed or searched electronically. Such procedures shall
include, at a minimum, the following prohibitions:
(1) An individual, other than covered personnel, may not
view classified records in any room that is not secure, except
in the presence of National Archives and Records Administration
personnel or under video surveillance.
(2) An individual, other than covered personnel, may not be
left alone with classified records, unless that individual is
under video surveillance.
(3) An individual, other than covered personnel, may not
review classified records while possessing any cellular phone,
electronic personal communication device, or any other devices
capable of photographing, recording, or transferring images or
content.
(4) An individual seeking access to review classified
records, as a precondition to such access, must consent to a
search of their belongings upon conclusion of their records
review.
(5) All notes and other writings prepared by an individual,
other than covered personnel, during the course of a review of
classified records shall be retained by the National Archives
[[Page 128 STAT. 2011]]
and Records Administration in a secure facility until such notes
and other writings are determined to be unclassified, are
declassified, or are securely transferred to another secure
facility.
(b) Definitions.--In this section:
(1) Covered personnel.--The term ``covered personnel'' means
any individual--
(A) who has an appropriate and necessary reason for
accessing classified records, as determined by the
Archivist; and
(B) who is either--
(i) an officer or employee of the United
States Government with appropriate security
clearances; or
(ii) any personnel with appropriate security
clearances of a Federal contractor authorized in
writing to act for purposes of this section by an
officer or employee of the United States
Government.
(2) Records.--The term ``records'' has the meaning given
that term under section 3301 of title 44, United States Code.
SEC. 7. REPEAL OF PROVISIONS RELATED TO THE NATIONAL STUDY
COMMISSION ON RECORDS AND DOCUMENTS OF FEDERAL
OFFICIALS.
(a) In General.--Sections 3315 through 3324 of title 44, United
States Code, are repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 33 of title 44, United States Code, <<NOTE: 44 USC
prec. 3301.>> is amended by striking the items relating to sections 3315
through 3324.
SEC. 8. PRONOUN AMENDMENTS.
Title 44, United States Code, is amended--
(1) in section 2116(c), by striking ``his'' and inserting
``the Archivist's'';
(2) in section 2201(2), by striking ``his'' and inserting
``the President's'', each place it appears;
(3) in section 2203--
(A) in subsection (a), by striking ``his'' and
inserting ``the President's'';
(B) in subsection (b), by striking ``his'' and
inserting ``the President's'';
(C) in subsection (c)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``his'' and
inserting ``the President's''; and
(II) by striking ``those of his
Presidential records'' and inserting
``those Presidential records of such
President''; and
(ii) in paragraph (2), by striking ``he'' and
inserting ``the Archivist'';
(D) in subsection (d), by striking ``he'' and
inserting ``the Archivist'';
(E) in subsection (e), by striking ``he'' and
inserting ``the Archivist''; and
(F) in subsection (g), as so redesignated, by
striking ``he'' and inserting ``the Archivist'';
(4) in section 2204--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by
striking ``his'' and inserting ``a President's'';
and
[[Page 128 STAT. 2012]]
(ii) in paragraph (5), by striking ``his'' and
inserting ``the President's''; and
(B) in subsection (b)--
(i) in paragraph (1)(B), by striking ``his''
and inserting ``the President's''; and
(ii) in paragraph (3)--
(I) by striking ``his'' the first
place it appears and inserting ``the
Archivist's''; and
(II) by striking ``his designee''
and inserting ``the Archivist's
designee'';
(5) in section 2205--
(A) in paragraph (2)(B), by striking ``his'' and
inserting ``the incumbent President's''; and
(B) in paragraph (3), by striking ``his'' and
inserting ``the former President's'';
(6) in section 2901(11), by striking ``his'' and inserting
``the Archivist's'';
(7) in section 2904(c)(6), by striking ``his'' and inserting
``the Archivist's'';
(8) in section 2905(a)--
(A) by striking ``He'' and inserting ``The
Archivist''; and
(B) by striking ``his'' and inserting ``the
Archivist's'';
(9) in section 3103, by striking ``he'' and inserting ``the
head of such agency'';
(10) in section 3104--
(A) by striking ``his'' the first place it appears
and inserting ``such official's''; and
(B) by striking ``him or his'' and inserting ``such
official or such official's'';
(11) in section 3105, by striking ``he'' and inserting ``the
head of such agency'';
(12) in section 3302(1), by striking ``him'' and inserting
``the Archivist''; and
(13) in section 3303a--
(A) in subsection (a)--
(i) by striking ``him'' and inserting ``the
Archivist'', each place it appears; and
(ii) by striking ``he'' and inserting ``the
Archivist'';
(B) in subsection (c), by striking ``he'' and
inserting ``the Archivist'';
(C) in subsection (e), by striking ``his'' and
inserting ``the Archivist's''; and
(D) in subsection (f), by striking ``he'' and
inserting ``the Archivist''.
SEC. 9. RECORDS MANAGEMENT BY THE ARCHIVIST.
(a) Objectives of Records Management.--Section 2902 of title 44,
United States Code, is amended--
(1) in paragraph (4), by striking ``creation and of records
maintenance and use'' and inserting ``creation, maintenance,
transfer, and use'';
(2) in paragraph (6), by inserting after ``Federal
paperwork'' the following: ``and the transfer of records from
Federal agencies to the National Archives of the United States
in digital or electronic form to the greatest extent possible'';
and
(3) in paragraph (7), by striking ``the Administrator or''.
[[Page 128 STAT. 2013]]
(b) Records Centers and Centralized Microfilming Services.--
(1) Amendment.--Section 2907 of title 44, United States
Code, is amended--
(A) in the section heading by inserting ``or
digitization'' after ``microfilming''; and
(B) by inserting ``or digitization'' after
``microfilming''.
(2) Conforming amendment.--The table of sections at the
beginning of chapter 29 of title 44, United States <<NOTE: 44
USC
prec. 2901.>> Code, is amended in the item relating to section
2907 by inserting ``or digitization'' after ``microfilming''.
(c) General Responsibilities for Records Management.--Section 2904
of title 44, United States Code, is amended--
(1) in subsection (b), by striking ``The Administrator'' and
inserting ``The Archivist'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``their'' and inserting
``the'';
(ii) by striking ``subsection (a) or (b),
respectively'' and inserting ``subsections (a) and
(b)'';
(iii) by striking ``and the Administrator'';
and
(iv) by striking ``each''; and
(B) in paragraph (8), by striking ``or the
Administrator (as the case may be)''; and
(3) subsection (d) is amended to read as follows:
``(d) <<NOTE: Regulations.>> The Archivist shall promulgate
regulations requiring all Federal agencies to transfer all digital or
electronic records to the National Archives of the United States in
digital or electronic form to the greatest extent possible.''.
(d) Inspection of Agency Records.--Section 2906 of title 44, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``their respective'' and
inserting ``the'';
(ii) by striking ``the Administrator of
General Services and'';
(iii) by striking ``designee of either'' and
inserting ``the Archivist's designee'';
(iv) by striking ``solely''; and
(v) by inserting after ``for the improvement
of records management practices and programs'' the
following: ``and for determining whether the
records of Federal agencies have sufficient value
to warrant continued preservation or lack
sufficient value to justify continued
preservation'';
(B) in paragraph (2)--
(i) by striking ``the Administrator and''; and
(ii) by striking the second sentence; and
(C) in paragraph (3)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``the Administrator
or''; and
(II) by striking ``designee of
either'' and inserting ``Archivist's
designee''; and
(ii) in subparagraph (A), by striking ``the
Administrator, the Archivist,'' and inserting
``the Archivist''; and
[[Page 128 STAT. 2014]]
(2) in subsection (b)--
(A) by striking ``the Administrator and''; and
(B) by striking ``designee of either'' and inserting
``Archivist's designee''.
(e) Reports; Correction of Violations.--Section 2115 of title 44,
United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``their respective'' and inserting
``the'';
(B) by striking ``and the Administrator''; and
(C) by striking ``each''; and
(2) in subsection (b)--
(A) by striking ``either'';
(B) by striking ``or the Administrator'', each place
it appears; and
(C) by striking ``inaugurated'' and inserting
``demonstrably commenced''.
(f) Records Management by the Archivist.--
(1) Amendment.--The heading for chapter 29 of title 44,
United States Code, <<NOTE: 44 USC
prec. 2901.>> is amended by striking ``AND BY THE ADMINISTRATOR
OF GENERAL SERVICES''.
(2) Conforming amendment.--The table of chapters at the
beginning of title 44, United States Code, <<NOTE: 44 USC
prec. 101.>> is amended in the item related to chapter 29 by
striking ``and by the Administrator of General Services''.
(g) Establishment of Program of Management.--Section 3102(2) of
title 44, United States Code, is amended by striking ``the Administrator
of General Services and''.
SEC. 10. DISCLOSURE REQUIREMENT FOR OFFICIAL BUSINESS CONDUCTED
USING NON-OFFICIAL ELECTRONIC MESSAGING
ACCOUNT.
(a) Amendment.--Chapter 29 of title 44, United States Code, is
amended by adding at the end the following new section:
``Sec. 2911. <<NOTE: 44 USC 2911.>> Disclosure requirement for
official business conducted using non-official
electronic messaging accounts
``(a) In General.--An officer or employee of an executive agency may
not create or send a record using a non-official electronic messaging
account unless such officer or employee--
``(1) copies an official electronic messaging account of the
officer or employee in the original creation or transmission of
the record; or
``(2) <<NOTE: Deadline.>> forwards a complete copy of the
record to an official electronic messaging account of the
officer or employee not later than 20 days after the original
creation or transmission of the record.
``(b) Adverse Actions.--The intentional violation of subsection (a)
(including any rules, regulations, or other implementing guidelines), as
determined by the appropriate supervisor, shall be a basis for
disciplinary action in accordance with subchapter I, II, or V of chapter
75 of title 5, as the case may be.
``(c) Definitions.--In this section:
``(1) Electronic messages.--The term `electronic messages'
means electronic mail and other electronic messaging systems
that are used for purposes of communicating between individuals.
[[Page 128 STAT. 2015]]
``(2) Electronic messaging account.--The term `electronic
messaging account' means any account that sends electronic
messages.
``(3) Executive agency.--The term `executive agency' has the
meaning given that term in section 105 of title 5.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 29 of title 44, United States Code, <<NOTE: 44 USC
prec. 2901.>> is amended by adding at the end the following new item:
``2911. Disclosure requirement for official business conducted using
non-official electronic messaging accounts.''.
Approved November 26, 2014.
LEGISLATIVE HISTORY--H.R. 1233:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 113-127 (Comm. on Oversight and Government Reform).
SENATE REPORTS: No. 113-218 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 160 (2014):
Jan. 14, considered and passed House.
Sept. 10, considered and passed Senate, amended.
Nov. 12, House concurred in Senate amendments.
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